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2021/10/26 City Council Resolution 2021-120 RESOLUTION NO. 2021-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE GUBERNATORIAL RECALL ELECTION HELD ON SEPTEMBER 14, 2021, DECLARING RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a special municipal election, consolidated and held in manner prescribed by the Elections Code, was conducted in the City of Rohnert Park on Tuesday, September 14, 2021; and WHEREAS, Resolution No. 2021-083 (1) called and gave notice of the special election and placed a measure on the ballot to enact Ordinance No. 954, an Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks; (2)requested consolidation of the special election with the Gubernatorial Recall Election to be held on September 14, 2021 and authorized the Sonoma County Registrar of Voters to conduct the election on the City's behalf; and WHEREAS, notice of said election was duly and legally given,that voting precincts were properly established, that election officers were appointed and election supplies furnished, votes were duly cast, and that in all respects said election was held and conducted in the time, form and manner as required by the general laws of the State providing for and regulating municipal elections in the City; and WHEREAS, the County Registrar of Voters canvassed the returns of the election and has transmitted the results set forth in the"Statement of the Votes"to the City Clerk,who has certified the results to this City Council, which are hereby received in the form of Exhibit A and accepted by the City Council; and WHEREAS,the City Council of the City of Rohnert Park met at the regular meeting place of said City Council for a regular meeting on Tuesday, October 26, 2021 to declare the results pursuant to Elections Code §15400 based on the "Statement the Votes" as set forth in Exhibit A. BE IT RESOLVED by the City Council of the City of Rohnert Park, Sonoma County, California, declares as follows: 1. That a canvass of the votes cast in the September 14, 2021, Municipal Election Consolidated with the Consolidated Elections for Measure D, to adopt Ordinance No. 954, An Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks was duly performed by the Office of the Sonoma County Clerk and Registrar of Voters. The transmittal of the Official Canvass was received by the City Clerk and certified on October 14, 2021 for adoption by the governing body of the City of Rohnert Park. 2. That the whole number of votes (ballots) cast in the precincts was 134, the whole number of vote by mail voter ballots cast was 9,824 and the whole number of canvass votes was 6,343 making a total of 16,301 votes (ballots) cast in the City. 3. That the special municipal election was held for the purpose of submitting to the voters of the City, Measure D, a referendum on Ordinance No. 954, An Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks, to determine whether it should be adopted. 3. That the number of votes given at each precinct and the number of votes given in the City for and against the measure are set forth in the attached Exhibit A, "Statement of the Votes," which is incorporated herein. 4. The City Council does declare and determine that as a result of the election, a majority of the voters voting on Measure D (Yes 8,312 and No 7,989) did vote in favor thereof, and that the ordinance proposed by Measure D has been enacted by the voters of the City of Rohnert Park. 5. The City Clerk shall enter on the Minutes of the City Council of the City of Rohnert Park, a statement of the results of the election showing: 1) the whole number of votes cast in the City; 2) the measure voted upon; 3) the number of votes given at each precinct for and against the measure; and 4) the total number of votes for and against the measure. 6. That the City Clerk is hereby ordered to certify the adoption of this resolution and enter it into the book of original resolutions. DULY AND REGULARLY ADOPTED this 26th day offre4 s•er, 2021. CITY O OHO 'T PARK gir Gerard .' dic- ' ayor ATTEST: Elizabeth Machado, Acting City Clerk Attachment: Exhibit A ADAMS: P J LINARES: STAFFORD: e ELWARD: GIUDICE: Pitt AYES: ( 6 ) OES: ( � ) ABSE : ( ) ABSTAIN.•( j ) Resolution 2021-120 2 Exhibit A to Resolution